104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4801

 

Introduced , by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7
35 ILCS 200/15-172

     Amends the Property Tax Code. Authorizes Chief County Assessment Officers in counties with 3,000,000 or more inhabitants to renew an individual's low-income senior citizen exemption under the Code without an annual application if the applicant has previously provided the full social security number or individual taxpayer identification numbers for all members of the applicant's household. Provides that, if a Chief County Assessment Officer is unable to verify that an applicant remains eligible for the low-income senior citizen exemption, then the Chief County Assessment Officer shall notify the applicant and provide the applicant with an opportunity to demonstrate the applicant's eligibility for the exemption. Amends the Freedom of Information Act. Exempts from disclosure under the Act information submitted to a Chief County Assessment Officer in applications for the low-income senior citizen exemption under the Property Tax Code.


LRB104 16510 HLH 29906 b

 

 

A BILL FOR

 

HB4801LRB104 16510 HLH 29906 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
 
6    (5 ILCS 140/7)
7    (Text of Section before amendment by P.A. 104-300)
8    Sec. 7. Exemptions.
9    (1) When a request is made to inspect or copy a public
10record that contains information that is exempt from
11disclosure under this Section, but also contains information
12that is not exempt from disclosure, the public body may elect
13to redact the information that is exempt. The public body
14shall make the remaining information available for inspection
15and copying. Subject to this requirement, the following shall
16be exempt from inspection and copying:
17        (a) Information specifically prohibited from
18    disclosure by federal or State law or rules and
19    regulations implementing federal or State law.
20        (b) Private information, unless disclosure is required
21    by another provision of this Act, a State or federal law,
22    or a court order.
23        (b-5) Files, documents, and other data or databases

 

 

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1    maintained by one or more law enforcement agencies and
2    specifically designed to provide information to one or
3    more law enforcement agencies regarding the physical or
4    mental status of one or more individual subjects.
5        (c) Personal information contained within public
6    records, the disclosure of which would constitute a
7    clearly unwarranted invasion of personal privacy, unless
8    the disclosure is consented to in writing by the
9    individual subjects of the information. "Unwarranted
10    invasion of personal privacy" means the disclosure of
11    information that is highly personal or objectionable to a
12    reasonable person and in which the subject's right to
13    privacy outweighs any legitimate public interest in
14    obtaining the information. The disclosure of information
15    that bears on the public duties of public employees and
16    officials shall not be considered an invasion of personal
17    privacy.
18        (d) Records in the possession of any public body
19    created in the course of administrative enforcement
20    proceedings, and any law enforcement or correctional
21    agency for law enforcement purposes, but only to the
22    extent that disclosure would:
23            (i) interfere with pending or actually and
24        reasonably contemplated law enforcement proceedings
25        conducted by any law enforcement or correctional
26        agency that is the recipient of the request;

 

 

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1            (ii) interfere with active administrative
2        enforcement proceedings conducted by the public body
3        that is the recipient of the request;
4            (iii) create a substantial likelihood that a
5        person will be deprived of a fair trial or an impartial
6        hearing;
7            (iv) unavoidably disclose the identity of a
8        confidential source, confidential information
9        furnished only by the confidential source, or persons
10        who file complaints with or provide information to
11        administrative, investigative, law enforcement, or
12        penal agencies; except that the identities of
13        witnesses to traffic crashes, traffic crash reports,
14        and rescue reports shall be provided by agencies of
15        local government, except when disclosure would
16        interfere with an active criminal investigation
17        conducted by the agency that is the recipient of the
18        request;
19            (v) disclose unique or specialized investigative
20        techniques other than those generally used and known
21        or disclose internal documents of correctional
22        agencies related to detection, observation, or
23        investigation of incidents of crime or misconduct, and
24        disclosure would result in demonstrable harm to the
25        agency or public body that is the recipient of the
26        request;

 

 

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1            (vi) endanger the life or physical safety of law
2        enforcement personnel or any other person; or
3            (vii) obstruct an ongoing criminal investigation
4        by the agency that is the recipient of the request.
5        (d-5) A law enforcement record created for law
6    enforcement purposes and contained in a shared electronic
7    record management system if the law enforcement agency
8    that is the recipient of the request did not create the
9    record, did not participate in or have a role in any of the
10    events which are the subject of the record, and only has
11    access to the record through the shared electronic record
12    management system.
13        (d-6) Records contained in the Officer Professional
14    Conduct Database under Section 9.2 of the Illinois Police
15    Training Act, except to the extent authorized under that
16    Section. This includes the documents supplied to the
17    Illinois Law Enforcement Training Standards Board from the
18    Illinois State Police and Illinois State Police Merit
19    Board.
20        (d-7) Information gathered or records created from the
21    use of automatic license plate readers in connection with
22    Section 2-130 of the Illinois Vehicle Code.
23        (e) Records that relate to or affect the security of
24    correctional institutions and detention facilities.
25        (e-5) Records requested by persons committed to the
26    Department of Corrections, Department of Human Services

 

 

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1    Division of Mental Health, or a county jail if those
2    materials are available in the library of the correctional
3    institution or facility or jail where the inmate is
4    confined.
5        (e-6) Records requested by persons committed to the
6    Department of Corrections, Department of Human Services
7    Division of Mental Health, or a county jail if those
8    materials include records from staff members' personnel
9    files, staff rosters, or other staffing assignment
10    information.
11        (e-7) Records requested by persons committed to the
12    Department of Corrections or Department of Human Services
13    Division of Mental Health if those materials are available
14    through an administrative request to the Department of
15    Corrections or Department of Human Services Division of
16    Mental Health.
17        (e-8) Records requested by a person committed to the
18    Department of Corrections, Department of Human Services
19    Division of Mental Health, or a county jail, the
20    disclosure of which would result in the risk of harm to any
21    person or the risk of an escape from a jail or correctional
22    institution or facility.
23        (e-9) Records requested by a person in a county jail
24    or committed to the Department of Corrections or
25    Department of Human Services Division of Mental Health,
26    containing personal information pertaining to the person's

 

 

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1    victim or the victim's family, including, but not limited
2    to, a victim's home address, home telephone number, work
3    or school address, work telephone number, social security
4    number, or any other identifying information, except as
5    may be relevant to a requester's current or potential case
6    or claim.
7        (e-10) Law enforcement records of other persons
8    requested by a person committed to the Department of
9    Corrections, Department of Human Services Division of
10    Mental Health, or a county jail, including, but not
11    limited to, arrest and booking records, mug shots, and
12    crime scene photographs, except as these records may be
13    relevant to the requester's current or potential case or
14    claim.
15        (f) Preliminary drafts, notes, recommendations,
16    memoranda, and other records in which opinions are
17    expressed, or policies or actions are formulated, except
18    that a specific record or relevant portion of a record
19    shall not be exempt when the record is publicly cited and
20    identified by the head of the public body. The exemption
21    provided in this paragraph (f) extends to all those
22    records of officers and agencies of the General Assembly
23    that pertain to the preparation of legislative documents.
24        (g) Trade secrets and commercial or financial
25    information obtained from a person or business where the
26    trade secrets or commercial or financial information are

 

 

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1    furnished under a claim that they are proprietary,
2    privileged, or confidential, and that disclosure of the
3    trade secrets or commercial or financial information would
4    cause competitive harm to the person or business, and only
5    insofar as the claim directly applies to the records
6    requested.
7        The information included under this exemption includes
8    all trade secrets and commercial or financial information
9    obtained by a public body, including a public pension
10    fund, from a private equity fund or a privately held
11    company within the investment portfolio of a private
12    equity fund as a result of either investing or evaluating
13    a potential investment of public funds in a private equity
14    fund. The exemption contained in this item does not apply
15    to the aggregate financial performance information of a
16    private equity fund, nor to the identity of the fund's
17    managers or general partners. The exemption contained in
18    this item does not apply to the identity of a privately
19    held company within the investment portfolio of a private
20    equity fund, unless the disclosure of the identity of a
21    privately held company may cause competitive harm.
22        Nothing contained in this paragraph (g) shall be
23    construed to prevent a person or business from consenting
24    to disclosure.
25        (h) Proposals and bids for any contract, grant, or
26    agreement, including information which if it were

 

 

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1    disclosed would frustrate procurement or give an advantage
2    to any person proposing to enter into a contractor
3    agreement with the body, until an award or final selection
4    is made. Information prepared by or for the body in
5    preparation of a bid solicitation shall be exempt until an
6    award or final selection is made.
7        (i) Valuable formulae, computer geographic systems,
8    designs, drawings, and research data obtained or produced
9    by any public body when disclosure could reasonably be
10    expected to produce private gain or public loss. The
11    exemption for "computer geographic systems" provided in
12    this paragraph (i) does not extend to requests made by
13    news media as defined in Section 2 of this Act when the
14    requested information is not otherwise exempt and the only
15    purpose of the request is to access and disseminate
16    information regarding the health, safety, welfare, or
17    legal rights of the general public.
18        (j) The following information pertaining to
19    educational matters:
20            (i) test questions, scoring keys, and other
21        examination data used to administer an academic
22        examination;
23            (ii) information received by a primary or
24        secondary school, college, or university under its
25        procedures for the evaluation of faculty members by
26        their academic peers;

 

 

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1            (iii) information concerning a school or
2        university's adjudication of student disciplinary
3        cases, but only to the extent that disclosure would
4        unavoidably reveal the identity of the student; and
5            (iv) course materials or research materials used
6        by faculty members.
7        (k) Architects' plans, engineers' technical
8    submissions, and other construction related technical
9    documents for projects not constructed or developed in
10    whole or in part with public funds and the same for
11    projects constructed or developed with public funds,
12    including, but not limited to, power generating and
13    distribution stations and other transmission and
14    distribution facilities, water treatment facilities,
15    airport facilities, sport stadiums, convention centers,
16    and all government owned, operated, or occupied buildings,
17    but only to the extent that disclosure would compromise
18    security.
19        (l) Minutes of meetings of public bodies closed to the
20    public as provided in the Open Meetings Act until the
21    public body makes the minutes available to the public
22    under Section 2.06 of the Open Meetings Act.
23        (m) Communications between a public body and an
24    attorney or auditor representing the public body that
25    would not be subject to discovery in litigation, and
26    materials prepared or compiled by or for a public body in

 

 

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1    anticipation of a criminal, civil, or administrative
2    proceeding upon the request of an attorney advising the
3    public body, and materials prepared or compiled with
4    respect to internal audits of public bodies.
5        (n) Records relating to a public body's adjudication
6    of employee grievances or disciplinary cases; however,
7    this exemption shall not extend to the final outcome of
8    cases in which discipline is imposed.
9        (o) Administrative or technical information associated
10    with automated data processing operations, including, but
11    not limited to, software, operating protocols, computer
12    program abstracts, file layouts, source listings, object
13    modules, load modules, user guides, documentation
14    pertaining to all logical and physical design of
15    computerized systems, employee manuals, and any other
16    information that, if disclosed, would jeopardize the
17    security of the system or its data or the security of
18    materials exempt under this Section.
19        (p) Records relating to collective negotiating matters
20    between public bodies and their employees or
21    representatives, except that any final contract or
22    agreement shall be subject to inspection and copying.
23        (q) Test questions, scoring keys, and other
24    examination data used to determine the qualifications of
25    an applicant for a license or employment.
26        (r) The records, documents, and information relating

 

 

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1    to real estate purchase negotiations until those
2    negotiations have been completed or otherwise terminated.
3    With regard to a parcel involved in a pending or actually
4    and reasonably contemplated eminent domain proceeding
5    under the Eminent Domain Act, records, documents, and
6    information relating to that parcel shall be exempt except
7    as may be allowed under discovery rules adopted by the
8    Illinois Supreme Court. The records, documents, and
9    information relating to a real estate sale shall be exempt
10    until a sale is consummated.
11        (s) Any and all proprietary information and records
12    related to the operation of an intergovernmental risk
13    management association or self-insurance pool or jointly
14    self-administered health and accident cooperative or pool.
15    Insurance or self-insurance (including any
16    intergovernmental risk management association or
17    self-insurance pool) claims, loss or risk management
18    information, records, data, advice, or communications.
19        (t) Information contained in or related to
20    examination, operating, or condition reports prepared by,
21    on behalf of, or for the use of a public body responsible
22    for the regulation or supervision of financial
23    institutions, insurance companies, or pharmacy benefit
24    managers, unless disclosure is otherwise required by State
25    law.
26        (u) Information that would disclose or might lead to

 

 

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1    the disclosure of secret or confidential information,
2    codes, algorithms, programs, or private keys intended to
3    be used to create electronic signatures under the Uniform
4    Electronic Transactions Act.
5        (v) Vulnerability assessments, security measures, and
6    response policies or plans that are designed to identify,
7    prevent, or respond to potential attacks upon a
8    community's population or systems, facilities, or
9    installations, but only to the extent that disclosure
10    could reasonably be expected to expose the vulnerability
11    or jeopardize the effectiveness of the measures, policies,
12    or plans, or the safety of the personnel who implement
13    them or the public. Information exempt under this item may
14    include such things as details pertaining to the
15    mobilization or deployment of personnel or equipment, to
16    the operation of communication systems or protocols, to
17    cybersecurity vulnerabilities, or to tactical operations.
18        (w) (Blank).
19        (x) Maps and other records regarding the location or
20    security of generation, transmission, distribution,
21    storage, gathering, treatment, or switching facilities
22    owned by a utility, by a power generator, or by the
23    Illinois Power Agency.
24        (y) Information contained in or related to proposals,
25    bids, or negotiations related to electric power
26    procurement under Section 1-75 of the Illinois Power

 

 

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1    Agency Act and Section 16-111.5 of the Public Utilities
2    Act that is determined to be confidential and proprietary
3    by the Illinois Power Agency or by the Illinois Commerce
4    Commission.
5        (z) Information about students exempted from
6    disclosure under Section 10-20.38 or 34-18.29 of the
7    School Code, and information about undergraduate students
8    enrolled at an institution of higher education exempted
9    from disclosure under Section 25 of the Illinois Credit
10    Card Marketing Act of 2009.
11        (aa) Information the disclosure of which is exempted
12    under the Viatical Settlements Act of 2009.
13        (bb) Records and information provided to a mortality
14    review team and records maintained by a mortality review
15    team appointed under the Department of Juvenile Justice
16    Mortality Review Team Act.
17        (cc) Information regarding interments, entombments, or
18    inurnments of human remains that are submitted to the
19    Cemetery Oversight Database under the Cemetery Care Act or
20    the Cemetery Oversight Act, whichever is applicable.
21        (dd) Correspondence and records (i) that may not be
22    disclosed under Section 11-9 of the Illinois Public Aid
23    Code or (ii) that pertain to appeals under Section 11-8 of
24    the Illinois Public Aid Code.
25        (ee) The names, addresses, or other personal
26    information of persons who are minors and are also

 

 

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1    participants and registrants in programs of park
2    districts, forest preserve districts, conservation
3    districts, recreation agencies, and special recreation
4    associations.
5        (ff) The names, addresses, or other personal
6    information of participants and registrants in programs of
7    park districts, forest preserve districts, conservation
8    districts, recreation agencies, and special recreation
9    associations where such programs are targeted primarily to
10    minors.
11        (gg) Confidential information described in Section
12    1-100 of the Illinois Independent Tax Tribunal Act of
13    2012.
14        (hh) The report submitted to the State Board of
15    Education by the School Security and Standards Task Force
16    under item (8) of subsection (d) of Section 2-3.160 of the
17    School Code and any information contained in that report.
18        (ii) Records requested by persons committed to or
19    detained by the Department of Human Services under the
20    Sexually Violent Persons Commitment Act or committed to
21    the Department of Corrections under the Sexually Dangerous
22    Persons Act if those materials: (i) are available in the
23    library of the facility where the individual is confined;
24    (ii) include records from staff members' personnel files,
25    staff rosters, or other staffing assignment information;
26    or (iii) are available through an administrative request

 

 

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1    to the Department of Human Services or the Department of
2    Corrections.
3        (jj) Confidential information described in Section
4    5-535 of the Civil Administrative Code of Illinois.
5        (kk) The public body's credit card numbers, debit card
6    numbers, bank account numbers, Federal Employer
7    Identification Number, security code numbers, passwords,
8    and similar account information, the disclosure of which
9    could result in identity theft or impression or defrauding
10    of a governmental entity or a person.
11        (ll) Records concerning the work of the threat
12    assessment team of a school district, including, but not
13    limited to, any threat assessment procedure under the
14    School Safety Drill Act and any information contained in
15    the procedure.
16        (mm) Information prohibited from being disclosed under
17    subsections (a) and (b) of Section 15 of the Student
18    Confidential Reporting Act.
19        (nn) Proprietary information submitted to the
20    Environmental Protection Agency under the Drug Take-Back
21    Act.
22        (oo) Records described in subsection (f) of Section
23    3-5-1 of the Unified Code of Corrections.
24        (pp) Any and all information regarding burials,
25    interments, or entombments of human remains as required to
26    be reported to the Department of Natural Resources

 

 

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1    pursuant either to the Archaeological and Paleontological
2    Resources Protection Act or the Human Remains Protection
3    Act.
4        (qq) Reports described in subsection (e) of Section
5    16-15 of the Abortion Care Clinical Training Program Act.
6        (rr) Information obtained by a certified local health
7    department under the Access to Public Health Data Act.
8        (ss) For a request directed to a public body that is
9    also a HIPAA-covered entity, all information that is
10    protected health information, including demographic
11    information, that may be contained within or extracted
12    from any record held by the public body in compliance with
13    State and federal medical privacy laws and regulations,
14    including, but not limited to, the Health Insurance
15    Portability and Accountability Act and its regulations, 45
16    CFR Parts 160 and 164. As used in this paragraph,
17    "HIPAA-covered entity" has the meaning given to the term
18    "covered entity" in 45 CFR 160.103 and "protected health
19    information" has the meaning given to that term in 45 CFR
20    160.103.
21        (tt) Proposals or bids submitted by engineering
22    consultants in response to requests for proposal or other
23    competitive bidding requests by the Department of
24    Transportation or the Illinois Toll Highway Authority.
25        (uu) Information submitted to a Chief County
26    Assessment Officer that is exempt from disclosure under

 

 

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1    Section 15-172 of the Property Tax Code.
2    (1.5) Any information exempt from disclosure under the
3Judicial Privacy Act shall be redacted from public records
4prior to disclosure under this Act.
5    (2) A public record that is not in the possession of a
6public body but is in the possession of a party with whom the
7agency has contracted to perform a governmental function on
8behalf of the public body, and that directly relates to the
9governmental function and is not otherwise exempt under this
10Act, shall be considered a public record of the public body,
11for purposes of this Act.
12    (3) This Section does not authorize withholding of
13information or limit the availability of records to the
14public, except as stated in this Section or otherwise provided
15in this Act.
16(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
17102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
181-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
19eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
20103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
218-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
22eff. 7-1-24; 103-865, eff. 1-1-25.)
 
23    (Text of Section after amendment by P.A. 104-300)
24    Sec. 7. Exemptions.
25    (1) When a request is made to inspect or copy a public

 

 

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1record that contains information that is exempt from
2disclosure under this Section, but also contains information
3that is not exempt from disclosure, the public body may elect
4to redact the information that is exempt. The public body
5shall make the remaining information available for inspection
6and copying. Subject to this requirement, the following shall
7be exempt from inspection and copying:
8        (a) Records created or compiled by a State public
9    defender agency or commission subject to the State Public
10    Defender Act that contain: individual client identity;
11    individual case file information; individual investigation
12    records and other records that are otherwise subject to
13    attorney-client privilege; records that would not be
14    discoverable in litigation; records under Section 2.15;
15    training materials; records related to attorney
16    consultation and representation strategy; or any of the
17    above concerning clients of county public defenders or
18    other defender agencies and firms. This exclusion does not
19    apply to deidentified, aggregated, administrative records,
20    such as general case processing and workload information.
21        (a-5) Information specifically prohibited from
22    disclosure by federal or State law or rules and
23    regulations implementing federal or State law.
24        (b) Private information, unless disclosure is required
25    by another provision of this Act, a State or federal law,
26    or a court order.

 

 

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1        (b-5) Files, documents, and other data or databases
2    maintained by one or more law enforcement agencies and
3    specifically designed to provide information to one or
4    more law enforcement agencies regarding the physical or
5    mental status of one or more individual subjects.
6        (c) Personal information contained within public
7    records, the disclosure of which would constitute a
8    clearly unwarranted invasion of personal privacy, unless
9    the disclosure is consented to in writing by the
10    individual subjects of the information. "Unwarranted
11    invasion of personal privacy" means the disclosure of
12    information that is highly personal or objectionable to a
13    reasonable person and in which the subject's right to
14    privacy outweighs any legitimate public interest in
15    obtaining the information. The disclosure of information
16    that bears on the public duties of public employees and
17    officials shall not be considered an invasion of personal
18    privacy.
19        (d) Records in the possession of any public body
20    created in the course of administrative enforcement
21    proceedings, and any law enforcement or correctional
22    agency for law enforcement purposes, but only to the
23    extent that disclosure would:
24            (i) interfere with pending or actually and
25        reasonably contemplated law enforcement proceedings
26        conducted by any law enforcement or correctional

 

 

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1        agency that is the recipient of the request;
2            (ii) interfere with active administrative
3        enforcement proceedings conducted by the public body
4        that is the recipient of the request;
5            (iii) create a substantial likelihood that a
6        person will be deprived of a fair trial or an impartial
7        hearing;
8            (iv) unavoidably disclose the identity of a
9        confidential source, confidential information
10        furnished only by the confidential source, or persons
11        who file complaints with or provide information to
12        administrative, investigative, law enforcement, or
13        penal agencies; except that the identities of
14        witnesses to traffic crashes, traffic crash reports,
15        and rescue reports shall be provided by agencies of
16        local government, except when disclosure would
17        interfere with an active criminal investigation
18        conducted by the agency that is the recipient of the
19        request;
20            (v) disclose unique or specialized investigative
21        techniques other than those generally used and known
22        or disclose internal documents of correctional
23        agencies related to detection, observation, or
24        investigation of incidents of crime or misconduct, and
25        disclosure would result in demonstrable harm to the
26        agency or public body that is the recipient of the

 

 

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1        request;
2            (vi) endanger the life or physical safety of law
3        enforcement personnel or any other person; or
4            (vii) obstruct an ongoing criminal investigation
5        by the agency that is the recipient of the request.
6        (d-5) A law enforcement record created for law
7    enforcement purposes and contained in a shared electronic
8    record management system if the law enforcement agency
9    that is the recipient of the request did not create the
10    record, did not participate in or have a role in any of the
11    events which are the subject of the record, and only has
12    access to the record through the shared electronic record
13    management system.
14        (d-6) Records contained in the Officer Professional
15    Conduct Database under Section 9.2 of the Illinois Police
16    Training Act, except to the extent authorized under that
17    Section. This includes the documents supplied to the
18    Illinois Law Enforcement Training Standards Board from the
19    Illinois State Police and Illinois State Police Merit
20    Board.
21        (d-7) Information gathered or records created from the
22    use of automatic license plate readers in connection with
23    Section 2-130 of the Illinois Vehicle Code.
24        (e) Records that relate to or affect the security of
25    correctional institutions and detention facilities.
26        (e-5) Records requested by persons committed to the

 

 

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1    Department of Corrections, Department of Human Services
2    Division of Mental Health, or a county jail if those
3    materials are available in the library of the correctional
4    institution or facility or jail where the inmate is
5    confined.
6        (e-6) Records requested by persons committed to the
7    Department of Corrections, Department of Human Services
8    Division of Mental Health, or a county jail if those
9    materials include records from staff members' personnel
10    files, staff rosters, or other staffing assignment
11    information.
12        (e-7) Records requested by persons committed to the
13    Department of Corrections or Department of Human Services
14    Division of Mental Health if those materials are available
15    through an administrative request to the Department of
16    Corrections or Department of Human Services Division of
17    Mental Health.
18        (e-8) Records requested by a person committed to the
19    Department of Corrections, Department of Human Services
20    Division of Mental Health, or a county jail, the
21    disclosure of which would result in the risk of harm to any
22    person or the risk of an escape from a jail or correctional
23    institution or facility.
24        (e-9) Records requested by a person in a county jail
25    or committed to the Department of Corrections or
26    Department of Human Services Division of Mental Health,

 

 

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1    containing personal information pertaining to the person's
2    victim or the victim's family, including, but not limited
3    to, a victim's home address, home telephone number, work
4    or school address, work telephone number, social security
5    number, or any other identifying information, except as
6    may be relevant to a requester's current or potential case
7    or claim.
8        (e-10) Law enforcement records of other persons
9    requested by a person committed to the Department of
10    Corrections, Department of Human Services Division of
11    Mental Health, or a county jail, including, but not
12    limited to, arrest and booking records, mug shots, and
13    crime scene photographs, except as these records may be
14    relevant to the requester's current or potential case or
15    claim.
16        (f) Preliminary drafts, notes, recommendations,
17    memoranda, and other records in which opinions are
18    expressed, or policies or actions are formulated, except
19    that a specific record or relevant portion of a record
20    shall not be exempt when the record is publicly cited and
21    identified by the head of the public body. The exemption
22    provided in this paragraph (f) extends to all those
23    records of officers and agencies of the General Assembly
24    that pertain to the preparation of legislative documents.
25        (g) Trade secrets and commercial or financial
26    information obtained from a person or business where the

 

 

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1    trade secrets or commercial or financial information are
2    furnished under a claim that they are proprietary,
3    privileged, or confidential, and that disclosure of the
4    trade secrets or commercial or financial information would
5    cause competitive harm to the person or business, and only
6    insofar as the claim directly applies to the records
7    requested.
8        The information included under this exemption includes
9    all trade secrets and commercial or financial information
10    obtained by a public body, including a public pension
11    fund, from a private equity fund or a privately held
12    company within the investment portfolio of a private
13    equity fund as a result of either investing or evaluating
14    a potential investment of public funds in a private equity
15    fund. The exemption contained in this item does not apply
16    to the aggregate financial performance information of a
17    private equity fund, nor to the identity of the fund's
18    managers or general partners. The exemption contained in
19    this item does not apply to the identity of a privately
20    held company within the investment portfolio of a private
21    equity fund, unless the disclosure of the identity of a
22    privately held company may cause competitive harm.
23        Nothing contained in this paragraph (g) shall be
24    construed to prevent a person or business from consenting
25    to disclosure.
26        (h) Proposals and bids for any contract, grant, or

 

 

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1    agreement, including information which if it were
2    disclosed would frustrate procurement or give an advantage
3    to any person proposing to enter into a contractor
4    agreement with the body, until an award or final selection
5    is made. Information prepared by or for the body in
6    preparation of a bid solicitation shall be exempt until an
7    award or final selection is made.
8        (i) Valuable formulae, computer geographic systems,
9    designs, drawings, and research data obtained or produced
10    by any public body when disclosure could reasonably be
11    expected to produce private gain or public loss. The
12    exemption for "computer geographic systems" provided in
13    this paragraph (i) does not extend to requests made by
14    news media as defined in Section 2 of this Act when the
15    requested information is not otherwise exempt and the only
16    purpose of the request is to access and disseminate
17    information regarding the health, safety, welfare, or
18    legal rights of the general public.
19        (j) The following information pertaining to
20    educational matters:
21            (i) test questions, scoring keys, and other
22        examination data used to administer an academic
23        examination;
24            (ii) information received by a primary or
25        secondary school, college, or university under its
26        procedures for the evaluation of faculty members by

 

 

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1        their academic peers;
2            (iii) information concerning a school or
3        university's adjudication of student disciplinary
4        cases, but only to the extent that disclosure would
5        unavoidably reveal the identity of the student; and
6            (iv) course materials or research materials used
7        by faculty members.
8        (k) Architects' plans, engineers' technical
9    submissions, and other construction related technical
10    documents for projects not constructed or developed in
11    whole or in part with public funds and the same for
12    projects constructed or developed with public funds,
13    including, but not limited to, power generating and
14    distribution stations and other transmission and
15    distribution facilities, water treatment facilities,
16    airport facilities, sport stadiums, convention centers,
17    and all government owned, operated, or occupied buildings,
18    but only to the extent that disclosure would compromise
19    security.
20        (l) Minutes of meetings of public bodies closed to the
21    public as provided in the Open Meetings Act until the
22    public body makes the minutes available to the public
23    under Section 2.06 of the Open Meetings Act.
24        (m) Communications between a public body and an
25    attorney or auditor representing the public body that
26    would not be subject to discovery in litigation, and

 

 

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1    materials prepared or compiled by or for a public body in
2    anticipation of a criminal, civil, or administrative
3    proceeding upon the request of an attorney advising the
4    public body, and materials prepared or compiled with
5    respect to internal audits of public bodies.
6        (n) Records relating to a public body's adjudication
7    of employee grievances or disciplinary cases; however,
8    this exemption shall not extend to the final outcome of
9    cases in which discipline is imposed.
10        (o) Administrative or technical information associated
11    with automated data processing operations, including, but
12    not limited to, software, operating protocols, computer
13    program abstracts, file layouts, source listings, object
14    modules, load modules, user guides, documentation
15    pertaining to all logical and physical design of
16    computerized systems, employee manuals, and any other
17    information that, if disclosed, would jeopardize the
18    security of the system or its data or the security of
19    materials exempt under this Section.
20        (p) Records relating to collective negotiating matters
21    between public bodies and their employees or
22    representatives, except that any final contract or
23    agreement shall be subject to inspection and copying.
24        (q) Test questions, scoring keys, and other
25    examination data used to determine the qualifications of
26    an applicant for a license or employment.

 

 

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1        (r) The records, documents, and information relating
2    to real estate purchase negotiations until those
3    negotiations have been completed or otherwise terminated.
4    With regard to a parcel involved in a pending or actually
5    and reasonably contemplated eminent domain proceeding
6    under the Eminent Domain Act, records, documents, and
7    information relating to that parcel shall be exempt except
8    as may be allowed under discovery rules adopted by the
9    Illinois Supreme Court. The records, documents, and
10    information relating to a real estate sale shall be exempt
11    until a sale is consummated.
12        (s) Any and all proprietary information and records
13    related to the operation of an intergovernmental risk
14    management association or self-insurance pool or jointly
15    self-administered health and accident cooperative or pool.
16    Insurance or self-insurance (including any
17    intergovernmental risk management association or
18    self-insurance pool) claims, loss or risk management
19    information, records, data, advice, or communications.
20        (t) Information contained in or related to
21    examination, operating, or condition reports prepared by,
22    on behalf of, or for the use of a public body responsible
23    for the regulation or supervision of financial
24    institutions, insurance companies, or pharmacy benefit
25    managers, unless disclosure is otherwise required by State
26    law.

 

 

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1        (u) Information that would disclose or might lead to
2    the disclosure of secret or confidential information,
3    codes, algorithms, programs, or private keys intended to
4    be used to create electronic signatures under the Uniform
5    Electronic Transactions Act.
6        (v) Vulnerability assessments, security measures, and
7    response policies or plans that are designed to identify,
8    prevent, or respond to potential attacks upon a
9    community's population or systems, facilities, or
10    installations, but only to the extent that disclosure
11    could reasonably be expected to expose the vulnerability
12    or jeopardize the effectiveness of the measures, policies,
13    or plans, or the safety of the personnel who implement
14    them or the public. Information exempt under this item may
15    include such things as details pertaining to the
16    mobilization or deployment of personnel or equipment, to
17    the operation of communication systems or protocols, to
18    cybersecurity vulnerabilities, or to tactical operations.
19        (w) (Blank).
20        (x) Maps and other records regarding the location or
21    security of generation, transmission, distribution,
22    storage, gathering, treatment, or switching facilities
23    owned by a utility, by a power generator, or by the
24    Illinois Power Agency.
25        (y) Information contained in or related to proposals,
26    bids, or negotiations related to electric power

 

 

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1    procurement under Section 1-75 of the Illinois Power
2    Agency Act and Section 16-111.5 of the Public Utilities
3    Act that is determined to be confidential and proprietary
4    by the Illinois Power Agency or by the Illinois Commerce
5    Commission.
6        (z) Information about students exempted from
7    disclosure under Section 10-20.38 or 34-18.29 of the
8    School Code, and information about undergraduate students
9    enrolled at an institution of higher education exempted
10    from disclosure under Section 25 of the Illinois Credit
11    Card Marketing Act of 2009.
12        (aa) Information the disclosure of which is exempted
13    under the Viatical Settlements Act of 2009.
14        (bb) Records and information provided to a mortality
15    review team and records maintained by a mortality review
16    team appointed under the Department of Juvenile Justice
17    Mortality Review Team Act.
18        (cc) Information regarding interments, entombments, or
19    inurnments of human remains that are submitted to the
20    Cemetery Oversight Database under the Cemetery Care Act or
21    the Cemetery Oversight Act, whichever is applicable.
22        (dd) Correspondence and records (i) that may not be
23    disclosed under Section 11-9 of the Illinois Public Aid
24    Code or (ii) that pertain to appeals under Section 11-8 of
25    the Illinois Public Aid Code.
26        (ee) The names, addresses, or other personal

 

 

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1    information of persons who are minors and are also
2    participants and registrants in programs of park
3    districts, forest preserve districts, conservation
4    districts, recreation agencies, and special recreation
5    associations.
6        (ff) The names, addresses, or other personal
7    information of participants and registrants in programs of
8    park districts, forest preserve districts, conservation
9    districts, recreation agencies, and special recreation
10    associations where such programs are targeted primarily to
11    minors.
12        (gg) Confidential information described in Section
13    1-100 of the Illinois Independent Tax Tribunal Act of
14    2012.
15        (hh) The report submitted to the State Board of
16    Education by the School Security and Standards Task Force
17    under item (8) of subsection (d) of Section 2-3.160 of the
18    School Code and any information contained in that report.
19        (ii) Records requested by persons committed to or
20    detained by the Department of Human Services under the
21    Sexually Violent Persons Commitment Act or committed to
22    the Department of Corrections under the Sexually Dangerous
23    Persons Act if those materials: (i) are available in the
24    library of the facility where the individual is confined;
25    (ii) include records from staff members' personnel files,
26    staff rosters, or other staffing assignment information;

 

 

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1    or (iii) are available through an administrative request
2    to the Department of Human Services or the Department of
3    Corrections.
4        (jj) Confidential information described in Section
5    5-535 of the Civil Administrative Code of Illinois.
6        (kk) The public body's credit card numbers, debit card
7    numbers, bank account numbers, Federal Employer
8    Identification Number, security code numbers, passwords,
9    and similar account information, the disclosure of which
10    could result in identity theft or impression or defrauding
11    of a governmental entity or a person.
12        (ll) Records concerning the work of the threat
13    assessment team of a school district, including, but not
14    limited to, any threat assessment procedure under the
15    School Safety Drill Act and any information contained in
16    the procedure.
17        (mm) Information prohibited from being disclosed under
18    subsections (a) and (b) of Section 15 of the Student
19    Confidential Reporting Act.
20        (nn) Proprietary information submitted to the
21    Environmental Protection Agency under the Drug Take-Back
22    Act.
23        (oo) Records described in subsection (f) of Section
24    3-5-1 of the Unified Code of Corrections.
25        (pp) Any and all information regarding burials,
26    interments, or entombments of human remains as required to

 

 

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1    be reported to the Department of Natural Resources
2    pursuant either to the Archaeological and Paleontological
3    Resources Protection Act or the Human Remains Protection
4    Act.
5        (qq) Reports described in subsection (e) of Section
6    16-15 of the Abortion Care Clinical Training Program Act.
7        (rr) Information obtained by a certified local health
8    department under the Access to Public Health Data Act.
9        (ss) For a request directed to a public body that is
10    also a HIPAA-covered entity, all information that is
11    protected health information, including demographic
12    information, that may be contained within or extracted
13    from any record held by the public body in compliance with
14    State and federal medical privacy laws and regulations,
15    including, but not limited to, the Health Insurance
16    Portability and Accountability Act and its regulations, 45
17    CFR Parts 160 and 164. As used in this paragraph,
18    "HIPAA-covered entity" has the meaning given to the term
19    "covered entity" in 45 CFR 160.103 and "protected health
20    information" has the meaning given to that term in 45 CFR
21    160.103.
22        (tt) Proposals or bids submitted by engineering
23    consultants in response to requests for proposal or other
24    competitive bidding requests by the Department of
25    Transportation or the Illinois Toll Highway Authority.
26        (uu) Information submitted to a Chief County

 

 

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1    Assessment Officer that is exempt from disclosure under
2    Section 15-172 of the Property Tax Code.
3    (1.5) Any information exempt from disclosure under the
4Judicial Privacy Act shall be redacted from public records
5prior to disclosure under this Act.
6    (2) A public record that is not in the possession of a
7public body but is in the possession of a party with whom the
8agency has contracted to perform a governmental function on
9behalf of the public body, and that directly relates to the
10governmental function and is not otherwise exempt under this
11Act, shall be considered a public record of the public body,
12for purposes of this Act.
13    (3) This Section does not authorize withholding of
14information or limit the availability of records to the
15public, except as stated in this Section or otherwise provided
16in this Act.
17(Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24;
18103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff.
191-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865,
20eff. 1-1-25; 104-300, eff. 1-1-27.)
 
21    Section 10. The Property Tax Code is amended by changing
22Section 15-172 as follows:
 
23    (35 ILCS 200/15-172)
24    Sec. 15-172. Low-Income Senior Citizens Assessment Freeze

 

 

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1Homestead Exemption.
2    (a) This Section may be cited as the Low-Income Senior
3Citizens Assessment Freeze Homestead Exemption.
4    (b) As used in this Section:
5    "Applicant" means an individual who has filed an
6application under this Section.
7    "Base amount" means the base year equalized assessed value
8of the residence plus the first year's equalized assessed
9value of any added improvements which increased the assessed
10value of the residence after the base year.
11    "Base year" means the taxable year prior to the taxable
12year for which the applicant first qualifies and applies for
13the exemption provided that in the prior taxable year the
14property was improved with a permanent structure that was
15occupied as a residence by the applicant who was liable for
16paying real property taxes on the property and who was either
17(i) an owner of record of the property or had legal or
18equitable interest in the property as evidenced by a written
19instrument or (ii) had a legal or equitable interest as a
20lessee in the parcel of property that was single family
21residence. If in any subsequent taxable year for which the
22applicant applies and qualifies for the exemption the
23equalized assessed value of the residence is less than the
24equalized assessed value in the existing base year (provided
25that such equalized assessed value is not based on an assessed
26value that results from a temporary irregularity in the

 

 

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1property that reduces the assessed value for one or more
2taxable years), then that subsequent taxable year shall become
3the base year until a new base year is established under the
4terms of this paragraph. For taxable year 1999 only, the Chief
5County Assessment Officer shall review (i) all taxable years
6for which the applicant applied and qualified for the
7exemption and (ii) the existing base year. The assessment
8officer shall select as the new base year the year with the
9lowest equalized assessed value. An equalized assessed value
10that is based on an assessed value that results from a
11temporary irregularity in the property that reduces the
12assessed value for one or more taxable years shall not be
13considered the lowest equalized assessed value. The selected
14year shall be the base year for taxable year 1999 and
15thereafter until a new base year is established under the
16terms of this paragraph.
17    "Chief County Assessment Officer" means the County
18Assessor or Supervisor of Assessments of the county in which
19the property is located.
20    "Equalized assessed value" means the assessed value as
21equalized by the Illinois Department of Revenue.
22    "Household" means the applicant, the spouse of the
23applicant, and all persons using the residence of the
24applicant as their principal place of residence.
25    "Household income" means the combined income of the
26members of a household for the calendar year preceding the

 

 

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1taxable year.
2    "Income" has the same meaning as provided in Section 3.07
3of the Senior Citizens and Persons with Disabilities Property
4Tax Relief Act, except that, beginning in assessment year
52001, "income" does not include veteran's benefits.
6    "Internal Revenue Code of 1986" means the United States
7Internal Revenue Code of 1986 or any successor law or laws
8relating to federal income taxes in effect for the year
9preceding the taxable year.
10    "Life care facility that qualifies as a cooperative" means
11a facility as defined in Section 2 of the Life Care Facilities
12Act.
13    "Maximum income limitation" means:
14        (1) $35,000 prior to taxable year 1999;
15        (2) $40,000 in taxable years 1999 through 2003;
16        (3) $45,000 in taxable years 2004 through 2005;
17        (4) $50,000 in taxable years 2006 and 2007;
18        (5) $55,000 in taxable years 2008 through 2016;
19        (6) for taxable year 2017, (i) $65,000 for qualified
20    property located in a county with 3,000,000 or more
21    inhabitants and (ii) $55,000 for qualified property
22    located in a county with fewer than 3,000,000 inhabitants;
23    and
24        (7) for taxable years 2018 and thereafter, $65,000 for
25    all qualified property.
26    As an alternative income valuation, a homeowner who is

 

 

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1enrolled in any of the following programs may be presumed to
2have household income that does not exceed the maximum income
3limitation for that tax year as required by this Section: Aid
4to the Aged, Blind or Disabled (AABD) Program or the
5Supplemental Nutrition Assistance Program (SNAP), both of
6which are administered by the Department of Human Services;
7the Low Income Home Energy Assistance Program (LIHEAP), which
8is administered by the Department of Commerce and Economic
9Opportunity; The Benefit Access program, which is administered
10by the Department on Aging; and the Senior Citizens Real
11Estate Tax Deferral Program.
12    A chief county assessment officer may indicate that he or
13she has verified an applicant's income eligibility for this
14exemption but may not report which program or programs, if
15any, enroll the applicant. Release of personal information
16submitted pursuant to this Section shall be deemed an
17unwarranted invasion of personal privacy under the Freedom of
18Information Act.
19    "Residence" means the principal dwelling place and
20appurtenant structures used for residential purposes in this
21State occupied on January 1 of the taxable year by a household
22and so much of the surrounding land, constituting the parcel
23upon which the dwelling place is situated, as is used for
24residential purposes. If the Chief County Assessment Officer
25has established a specific legal description for a portion of
26property constituting the residence, then that portion of

 

 

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1property shall be deemed the residence for the purposes of
2this Section.
3    "Taxable year" means the calendar year during which ad
4valorem property taxes payable in the next succeeding year are
5levied.
6    (c) Beginning in taxable year 1994, a low-income senior
7citizens assessment freeze homestead exemption is granted for
8real property that is improved with a permanent structure that
9is occupied as a residence by an applicant who (i) is 65 years
10of age or older during the taxable year, (ii) has a household
11income that does not exceed the maximum income limitation,
12(iii) is liable for paying real property taxes on the
13property, and (iv) is an owner of record of the property or has
14a legal or equitable interest in the property as evidenced by a
15written instrument. This homestead exemption shall also apply
16to a leasehold interest in a parcel of property improved with a
17permanent structure that is a single family residence that is
18occupied as a residence by a person who (i) is 65 years of age
19or older during the taxable year, (ii) has a household income
20that does not exceed the maximum income limitation, (iii) has
21a legal or equitable ownership interest in the property as
22lessee, and (iv) is liable for the payment of real property
23taxes on that property.
24    In counties of 3,000,000 or more inhabitants, the amount
25of the exemption for all taxable years is the equalized
26assessed value of the residence in the taxable year for which

 

 

HB4801- 40 -LRB104 16510 HLH 29906 b

1application is made minus the base amount. In all other
2counties, the amount of the exemption is as follows: (i)
3through taxable year 2005 and for taxable year 2007 and
4thereafter, the amount of this exemption shall be the
5equalized assessed value of the residence in the taxable year
6for which application is made minus the base amount; and (ii)
7for taxable year 2006, the amount of the exemption is as
8follows:
9        (1) For an applicant who has a household income of
10    $45,000 or less, the amount of the exemption is the
11    equalized assessed value of the residence in the taxable
12    year for which application is made minus the base amount.
13        (2) For an applicant who has a household income
14    exceeding $45,000 but not exceeding $46,250, the amount of
15    the exemption is (i) the equalized assessed value of the
16    residence in the taxable year for which application is
17    made minus the base amount (ii) multiplied by 0.8.
18        (3) For an applicant who has a household income
19    exceeding $46,250 but not exceeding $47,500, the amount of
20    the exemption is (i) the equalized assessed value of the
21    residence in the taxable year for which application is
22    made minus the base amount (ii) multiplied by 0.6.
23        (4) For an applicant who has a household income
24    exceeding $47,500 but not exceeding $48,750, the amount of
25    the exemption is (i) the equalized assessed value of the
26    residence in the taxable year for which application is

 

 

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1    made minus the base amount (ii) multiplied by 0.4.
2        (5) For an applicant who has a household income
3    exceeding $48,750 but not exceeding $50,000, the amount of
4    the exemption is (i) the equalized assessed value of the
5    residence in the taxable year for which application is
6    made minus the base amount (ii) multiplied by 0.2.
7    When the applicant is a surviving spouse of an applicant
8for a prior year for the same residence for which an exemption
9under this Section has been granted, the base year and base
10amount for that residence are the same as for the applicant for
11the prior year.
12    Each year at the time the assessment books are certified
13to the County Clerk, the Board of Review or Board of Appeals
14shall give to the County Clerk a list of the assessed values of
15improvements on each parcel qualifying for this exemption that
16were added after the base year for this parcel and that
17increased the assessed value of the property.
18    In the case of land improved with an apartment building
19owned and operated as a cooperative or a building that is a
20life care facility that qualifies as a cooperative, the
21maximum reduction from the equalized assessed value of the
22property is limited to the sum of the reductions calculated
23for each unit occupied as a residence by a person or persons
24(i) 65 years of age or older, (ii) with a household income that
25does not exceed the maximum income limitation, (iii) who is
26liable, by contract with the owner or owners of record, for

 

 

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1paying real property taxes on the property, and (iv) who is an
2owner of record of a legal or equitable interest in the
3cooperative apartment building, other than a leasehold
4interest. In the instance of a cooperative where a homestead
5exemption has been granted under this Section, the cooperative
6association or its management firm shall credit the savings
7resulting from that exemption only to the apportioned tax
8liability of the owner who qualified for the exemption. Any
9person who willfully refuses to credit that savings to an
10owner who qualifies for the exemption is guilty of a Class B
11misdemeanor.
12    When a homestead exemption has been granted under this
13Section and an applicant then becomes a resident of a facility
14licensed under the Assisted Living and Shared Housing Act, the
15Nursing Home Care Act, the Specialized Mental Health
16Rehabilitation Act of 2013, the ID/DD Community Care Act, or
17the MC/DD Act, the exemption shall be granted in subsequent
18years so long as the residence (i) continues to be occupied by
19the qualified applicant's spouse or (ii) if remaining
20unoccupied, is still owned by the qualified applicant for the
21homestead exemption.
22    Beginning January 1, 1997, when an individual dies who
23would have qualified for an exemption under this Section, and
24the surviving spouse does not independently qualify for this
25exemption because of age, the exemption under this Section
26shall be granted to the surviving spouse for the taxable year

 

 

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1preceding and the taxable year of the death, provided that,
2except for age, the surviving spouse meets all other
3qualifications for the granting of this exemption for those
4years.
5    When married persons maintain separate residences, the
6exemption provided for in this Section may be claimed by only
7one of such persons and for only one residence.
8    For taxable year 1994 only, in counties having less than
93,000,000 inhabitants, to receive the exemption, a person
10shall submit an application by February 15, 1995 to the Chief
11County Assessment Officer of the county in which the property
12is located. In counties having 3,000,000 or more inhabitants,
13for taxable year 1994 and all subsequent taxable years, to
14receive the exemption, a person may submit an application to
15the Chief County Assessment Officer of the county in which the
16property is located during such period as may be specified by
17the Chief County Assessment Officer. The Chief County
18Assessment Officer in counties of 3,000,000 or more
19inhabitants shall annually give notice of the application
20period by mail or by publication. In counties having less than
213,000,000 inhabitants, beginning with taxable year 1995 and
22thereafter, to receive the exemption, a person shall submit an
23application by July 1 of each taxable year to the Chief County
24Assessment Officer of the county in which the property is
25located. A county may, by ordinance, establish a date for
26submission of applications that is different than July 1. The

 

 

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1applicant shall submit with the application an affidavit of
2the applicant's total household income, age, marital status
3(and if married the name and address of the applicant's
4spouse, if known), and principal dwelling place of members of
5the household on January 1 of the taxable year. The Department
6shall establish, by rule, a method for verifying the accuracy
7of affidavits filed by applicants under this Section, and the
8Chief County Assessment Officer may conduct audits of any
9taxpayer claiming an exemption under this Section to verify
10that the taxpayer is eligible to receive the exemption. Each
11application shall contain or be verified by a written
12declaration that it is made under the penalties of perjury. A
13taxpayer's signing a fraudulent application under this Act is
14perjury, as defined in Section 32-2 of the Criminal Code of
152012. The applications shall be clearly marked as applications
16for the Low-Income Senior Citizens Assessment Freeze Homestead
17Exemption and must contain a notice that any taxpayer who
18receives the exemption is subject to an audit by the Chief
19County Assessment Officer.
20    Notwithstanding any other provision of law, the Chief
21County Assessment Officer in a county with 3,000,000 or more
22inhabitants may allow applicants to voluntarily provide to the
23Chief County Assessment Officer the full social security
24numbers or individual taxpayer identification numbers, as
25applicable, for all members of the applicant's household. If,
26in a county with 3,000,000 or more inhabitants, the applicant

 

 

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1provides the Chief County Assessment Officer with the full
2social security numbers or individual taxpayer identification
3numbers for all members of the applicant's household, then, in
4subsequent taxable years, the Chief County Assessment Officer
5may renew the exemption under this Section without a new
6application if the Chief County Assessment Officer is able to
7confirm both that (i) the applicant remains eligible for the
8Senior Citizen Homestead Exemption under Section 15-170 for
9the applicable property and (ii) the applicant's household
10income does not exceed the maximum income limitation under
11this Section. A Chief County Assessment Officer who renews an
12exemption under this paragraph without an annual application
13shall notify the applicant of both the decision to renew the
14exemption and the applicant's ongoing duty to report changes
15in the applicant's eligibility. If a Chief County Assessment
16Officer who receives an applicant's social security number or
17tax identification number under this paragraph is unable to
18verify that the applicant remains eligible for the exemption
19under this Section, then the Chief County Assessment Officer
20shall notify the applicant of that fact and shall provide the
21applicant with an opportunity to demonstrate the applicant's
22eligibility.
23    Notwithstanding any other provision to the contrary, in
24counties having fewer than 3,000,000 inhabitants, if an
25applicant fails to file the application required by this
26Section in a timely manner and this failure to file is due to a

 

 

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1mental or physical condition sufficiently severe so as to
2render the applicant incapable of filing the application in a
3timely manner, the Chief County Assessment Officer may extend
4the filing deadline for a period of 30 days after the applicant
5regains the capability to file the application, but in no case
6may the filing deadline be extended beyond 3 months of the
7original filing deadline. In order to receive the extension
8provided in this paragraph, the applicant shall provide the
9Chief County Assessment Officer with a signed statement from
10the applicant's physician, advanced practice registered nurse,
11or physician assistant stating the nature and extent of the
12condition, that, in the physician's, advanced practice
13registered nurse's, or physician assistant's opinion, the
14condition was so severe that it rendered the applicant
15incapable of filing the application in a timely manner, and
16the date on which the applicant regained the capability to
17file the application.
18    Beginning January 1, 1998, notwithstanding any other
19provision to the contrary, in counties having fewer than
203,000,000 inhabitants, if an applicant fails to file the
21application required by this Section in a timely manner and
22this failure to file is due to a mental or physical condition
23sufficiently severe so as to render the applicant incapable of
24filing the application in a timely manner, the Chief County
25Assessment Officer may extend the filing deadline for a period
26of 3 months. In order to receive the extension provided in this

 

 

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1paragraph, the applicant shall provide the Chief County
2Assessment Officer with a signed statement from the
3applicant's physician, advanced practice registered nurse, or
4physician assistant stating the nature and extent of the
5condition, and that, in the physician's, advanced practice
6registered nurse's, or physician assistant's opinion, the
7condition was so severe that it rendered the applicant
8incapable of filing the application in a timely manner.
9    In counties having less than 3,000,000 inhabitants, if an
10applicant was denied an exemption in taxable year 1994 and the
11denial occurred due to an error on the part of an assessment
12official, or his or her agent or employee, then beginning in
13taxable year 1997 the applicant's base year, for purposes of
14determining the amount of the exemption, shall be 1993 rather
15than 1994. In addition, in taxable year 1997, the applicant's
16exemption shall also include an amount equal to (i) the amount
17of any exemption denied to the applicant in taxable year 1995
18as a result of using 1994, rather than 1993, as the base year,
19(ii) the amount of any exemption denied to the applicant in
20taxable year 1996 as a result of using 1994, rather than 1993,
21as the base year, and (iii) the amount of the exemption
22erroneously denied for taxable year 1994.
23    For purposes of this Section, a person who will be 65 years
24of age during the current taxable year shall be eligible to
25apply for the homestead exemption during that taxable year.
26Application shall be made during the application period in

 

 

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1effect for the county of his or her residence.
2    The Chief County Assessment Officer may determine the
3eligibility of a life care facility that qualifies as a
4cooperative to receive the benefits provided by this Section
5by use of an affidavit, application, visual inspection,
6questionnaire, or other reasonable method in order to insure
7that the tax savings resulting from the exemption are credited
8by the management firm to the apportioned tax liability of
9each qualifying resident. The Chief County Assessment Officer
10may request reasonable proof that the management firm has so
11credited that exemption.
12    Except as provided in this Section, all information
13received by the Chief County Assessment Officer chief county
14assessment officer or the Department from applications filed
15under this Section, or from any investigation conducted under
16the provisions of this Section, shall be confidential and
17privileged, shall be exempt from disclosure under the Freedom
18of Information Act, and shall not be divulged to any person or
19agency, except as necessary to determine eligibility for the
20exemption under this Section. , except for official purposes or
21pursuant to official procedures for collection of any State or
22local tax or enforcement of any civil or criminal penalty or
23sanction imposed by this Act or by any statute or ordinance
24imposing a State or local tax. Any person who divulges any such
25information in any manner, except in accordance with this
26Section or with a proper judicial order, is guilty of a Class A

 

 

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1misdemeanor.
2    Nothing contained in this Section shall prevent the
3Director or chief county assessment officer from publishing or
4making available reasonable statistics concerning the
5operation of the exemption contained in this Section in which
6the contents of claims are grouped into aggregates in such a
7way that information contained in any individual claim shall
8not be disclosed.
9    Notwithstanding any other provision of law, for taxable
10year 2017 and thereafter, in counties of 3,000,000 or more
11inhabitants, the amount of the exemption shall be the greater
12of (i) the amount of the exemption otherwise calculated under
13this Section or (ii) $2,000.
14    (c-5) Notwithstanding any other provision of law, each
15chief county assessment officer may approve this exemption for
16the 2020 taxable year, without application, for any property
17that was approved for this exemption for the 2019 taxable
18year, provided that:
19        (1) the county board has declared a local disaster as
20    provided in the Illinois Emergency Management Agency Act
21    related to the COVID-19 public health emergency;
22        (2) the owner of record of the property as of January
23    1, 2020 is the same as the owner of record of the property
24    as of January 1, 2019;
25        (3) the exemption for the 2019 taxable year has not
26    been determined to be an erroneous exemption as defined by

 

 

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1    this Code; and
2        (4) the applicant for the 2019 taxable year has not
3    asked for the exemption to be removed for the 2019 or 2020
4    taxable years.
5    Nothing in this subsection shall preclude or impair the
6authority of a chief county assessment officer to conduct
7audits of any taxpayer claiming an exemption under this
8Section to verify that the taxpayer is eligible to receive the
9exemption as provided elsewhere in this Section.
10    (c-10) Notwithstanding any other provision of law, each
11chief county assessment officer may approve this exemption for
12the 2021 taxable year, without application, for any property
13that was approved for this exemption for the 2020 taxable
14year, if:
15        (1) the county board has declared a local disaster as
16    provided in the Illinois Emergency Management Agency Act
17    related to the COVID-19 public health emergency;
18        (2) the owner of record of the property as of January
19    1, 2021 is the same as the owner of record of the property
20    as of January 1, 2020;
21        (3) the exemption for the 2020 taxable year has not
22    been determined to be an erroneous exemption as defined by
23    this Code; and
24        (4) the taxpayer for the 2020 taxable year has not
25    asked for the exemption to be removed for the 2020 or 2021
26    taxable years.

 

 

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1    Nothing in this subsection shall preclude or impair the
2authority of a chief county assessment officer to conduct
3audits of any taxpayer claiming an exemption under this
4Section to verify that the taxpayer is eligible to receive the
5exemption as provided elsewhere in this Section.
6    (d) Each Chief County Assessment Officer shall annually
7publish a notice of availability of the exemption provided
8under this Section. The notice shall be published at least 60
9days but no more than 75 days prior to the date on which the
10application must be submitted to the Chief County Assessment
11Officer of the county in which the property is located. The
12notice shall appear in a newspaper of general circulation in
13the county.
14    Notwithstanding Sections 6 and 8 of the State Mandates
15Act, no reimbursement by the State is required for the
16implementation of any mandate created by this Section.
17(Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21;
18102-895, eff. 5-23-22.)
 
19    Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other
25Public Act.